1972 c.68; section 2(2) and paragraph 2 of Schedule 2 to the 1972 Act were amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51).

2006 c.46.

2006 c.50.

See S.I. 2007/193.

See section 75(6).

http://www.legislation.gov.uk/uksi/2009/1941/contentsThe Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009texttext/xmlenStatute Law DatabaseCOMPANIES2019-03-04Expert Participation2018-08-30The Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008 (S.I. 2008/2860 (C.126)) brings into force almost all the remaining provisions of the Companies Act 2006 on 1st October 2009. This Order makes consequential amendments, repeals and revocations. It also contains some further transitional provisions and savings.The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009Introductory1Citation and commencementConsequential amendments2Consequential amendments, repeals and revocations3References to companies registered or re-registered under earlier legislation4References to Northern Ireland directors disqualification ordersTransitional provisions5Change of name by existing or transitional company6Companies that are charities: requirement of consent for affirmation of certain transactions7Functions of registrar of companies for Northern Ireland: contracting out8Amendments of insolvency legislationSavings9Saving for unlimited liabilities of directors etc10Saving for information obtained or report made under repealed NI provisions11Saving for provisions relating to nature of liability of member or contributory12Saving for earlier consequential amendments, transitional provisions and savings13Saving of power to order caution for expenses (in Scotland) or security for costs (in Northern Ireland)SCHEDULE 1CONSEQUENTIAL AMENDMENTS1Newspaper Libel and Registration Act 1881 (c. 60)2Partnership Act 1890 (c. 39)3Limited Partnerships Act 1907 (c. 24)4Law of Property Act 1925 (c. 20)5Mining Industry Act 1926 (c. 28)6Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)7Landlord and Tenant Act 1954 (c. 56)8Corporate Bodies' Contracts Act 1960 (c. 46)9Transport Act 1962 (c. 46)10Stock Transfer Act 1963 (c. 18)11Stock Transfer Act (Northern Ireland) 1963 (c. 24 (N.I.))12Harbours Act 1964 (c. 40)13Business Tenancies Act (Northern Ireland) 1964 (c. 36 (N.I.))14Industrial and Provident Societies Act 1965 (c. 12)15Factories Act (Northern Ireland) 1965 (c. 20 (N.I.))16Industrial and Provident Societies Act 1967 (c. 48)17Transport Act (Northern Ireland) 1967 (c. 37 (N.I.))18National Loans Act 1968 (c. 13)19Port of London Act 1968 (c. 32)20Transport Act 1968 (c. 73)21Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))22Prevention of Oil Pollution Act 1971 (c. 60)23Land Charges Act 1972 (c. 61)24Industry Act 1972 (c. 63)25Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))26Fair Trading Act 1973 (c. 41)27Local Government (Scotland) Act 1973 (c. 65)28Consumer Credit Act 1974 (c. 39)29Friendly Societies Act 1974 (c. 46)30Solicitors Act 1974 (c. 47)31House of Commons Disqualification Act 1975 (c. 24)32Northern Ireland Assembly Disqualification Act 1975 (c. 25)33Industry Act 1975 (c. 68)34Welsh Development Agency Act 1975 (c. 70)35Industrial Common Ownership Act 1976 (c. 78)36Aircraft and Shipbuilding Industries Act 1977 (c. 3)37Nuclear Industry (Finance) Act 1977 (c. 7)38Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28))39National Health Service (Scotland) Act 1978 (c. 29)40Credit Unions Act 1979 (c. 34)41Aircraft and Shipbuilding Industries (Northern Ireland) Order 1979 (S.I. 1979/294 (N.I. 1))42Competition Act 1980 (c. 21)43British Aerospace Act 1980 (c. 26)44Industry Act 1980 (c. 33)45Civil Aviation Act 1980 (c. 60)46Local Government, Planning and Land Act 1980 (c. 65)47British Telecommunications Act 1981 (c. 38)48Transport Act 1981 (c. 56)49Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6))50British Railways (Pension Schemes) Act 1981 (c. xv)51Civil Aviation Act 1982 (c. 16)52Transport Act 1982 (c. 49)53Industrial Development (Northern Ireland) Order 1982 (S.I. 1982/1083 (N.I. 15))54National Audit Act 1983 (c. 44)55Building Act 1984 (c. 55)56Ordnance Factories and Military Services Act 1984 (c. 59)57Companies Act 1985 (c. 6)58(1) Schedule 15D to the Companies Act 1985 (permitted disclosures)...59Oil and Pipelines Act 1985 (c. 62)60Bankruptcy (Scotland) Act 1985 (c. 66)61Transport Act 1985 (c. 67)62Housing Act 1985 (c. 68)63Housing Associations Act 1985 (c. 69)64Landlord and Tenant Act 1985 (c. 70)65Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11))66Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))67Atomic Energy Authority Act 1986 (c. 3)68Airports Act 1986 (c. 31)69Protection of Military Remains Act 1986 (c. 35)70Gas Act 1986 (c. 44)71Insolvency Act 1986 (c. 45)72In Part 2 of the Insolvency Act 1986 (administration), in...73(1) Part 2 of the Insolvency Act 1986 (administration) as...74(1) Part 3 of the Insolvency Act 1986 (receivership) is...75(1) Part 4 of the Insolvency Act 1986 (winding up...76(1) Part 5 of the Insolvency Act 1986 (winding up...77(1) In Part 7 of the Insolvency Act 1986 (interpretation...78(1) Part 13 of the Insolvency Act 1986 (insolvency practitioners...79In Part 15 of the Insolvency Act 1986 (subordinate legislation),...80In Part 17 of the Insolvency Act 1986 (miscellaneous and...81In Part 17A of the Insolvency Act 1986 (supplementary provisions),...82(1) Part 18 of the Insolvency Act 1986 (interpretation) is...83In Part 19 of the Insolvency Act 1986 (final provisions),...84Nothing in the amendments of the Insolvency Act 1986 made...85Company Directors Disqualification Act 1986 (c. 46)86Dockyard Services Act 1986 (c. 52)87Building Societies Act 1986 (c. 53)88Landlord and Tenant Act 1987 (c. 31)89Criminal Justice Act 1987 (c. 38)90Criminal Justice (Scotland) Act 1987 (c. 41)91Channel Tunnel Act 1987 (c. 53)92Charities (Northern Ireland) Order 1987 (S.I. 1987/2048 (N.I. 19))93Local Government Act 1988 (c. 9)94Public Utility Transfers and Water Charges Act 1988 (c. 15)95British Steel Act 1988 (c. 35)96Education Reform Act 1988 (c. 40)97Housing (Scotland) Act 1988 (c. 43)98Copyright, Designs and Patents Act 1988 (c. 48)99Health and Medicines Act 1988 (c. 49)100Housing Act 1988 (c. 50)101Water Act 1989 (c. 15)102Electricity Act 1989 (c. 29)103Companies Act 1989 (c. 40)104Local Government and Housing Act 1989 (c. 42)105Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))106Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))107(1) Part 2 of the Insolvency (Northern Ireland) Order 1989...108In Part 3 of the Insolvency (Northern Ireland) Order 1989...109(1) Part 3 of the Insolvency (Northern Ireland) Order 1989...110(1) Part 4 of the Insolvency (Northern Ireland) Order 1989...111(1) Part 5 of the Insolvency (Northern Ireland) Order 1989...112(1) Part 6 of the Insolvency (Northern Ireland) Order 1989...113In Part 13 of the Insolvency (Northern Ireland) Order 1989...114(1) Part 14 of the Insolvency (Northern Ireland) Order 1989...115In Part 15 of the Insolvency (Northern Ireland) Order 1989...116Planning (Hazardous Substances) Act 1990 (c. 10)117Enterprise and New Towns (Scotland) Act 1990 (c. 35)118Courts and Legal Services Act 1990 (c. 41)119Broadcasting Act 1990 (c. 42)120Environmental Protection Act 1990 (c. 43)121Natural Heritage (Scotland) Act 1991 (c. 28)122Atomic Weapons Establishment Act 1991 (c. 46)123Child Support Act 1991 (c. 48)124Ports Act 1991 (c. 52)125Agricultural Holdings (Scotland) Act 1991 (c. 55)126Water Industry Act 1991 (c. 56)127Statutory Water Companies Act 1991 (c. 58)128Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))129Social Security Administration Act 1992 (c. 5)130Social Security Administration (Northern Ireland) Act 1992 (c. 8)131Further and Higher Education Act 1992 (c. 13)132Further and Higher Education (Scotland) Act 1992 (c. 37)133Friendly Societies Act 1992 (c. 40)134Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)135Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))136Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5))137Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (S.I. 1992/810 (N.I. 6))138Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15))139Charities Act 1993 (c. 10)140Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)141Criminal Justice Act 1993 (c. 36)142National Lottery etc Act 1993 (c. 39)143Railways Act 1993 (c. 43)144Pension Schemes Act 1993 (c. 48)145Pension Schemes (Northern Ireland) Act 1993 (c. 49)146Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12))147Coal Industry Act 1994 (c. 21)148Deregulation and Contracting Out Act 1994 (c. 40)149Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))150Ports (Northern Ireland) Order 1994 (S.I. 1994/2809 (N.I. 16))151Requirements of Writing (Scotland) Act 1995 (c. 7)152Merchant Shipping Act 1995 (c. 21)153Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)154Crown Agents Act 1995 (c. 24)155Pensions Act 1995 (c. 26)156Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)157London Local Authorities Act 1995 (c. x)158Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))159Defamation Act 1996 (c. 31)160Education (Scotland) Act 1996 (c. 43)161Housing Act 1996 (c. 52)162Broadcasting Act 1996 (c. 55)163Education Act 1996 (c. 56)164Business Tenancies (Northern Ireland) Order 1996 (S.I. 1996/725 (N.I. 5))165Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))166Deregulation and Contracting Out (Northern Ireland) Order 1996 (S.I. 1996/1632 (N.I. 11))167Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)168Merchant Shipping and Maritime Security Act 1997 (c. 28)169Police Act 1997 (c. 50)170Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15))171Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19))172Bank of England Act 1998 (c. 11)173Audit Commission Act 1998 (c. 18)174Regional Development Agencies Act 1998 (c. 45)175Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))176Company and Business Names (Chamber of Commerce, Etc) Act 1999 (c. 19)177Commonwealth Development Corporation Act 1999 (c. 20)178Greater London Authority Act 1999 (c. 29)179Contracts (Rights of Third Parties) Act 1999 (c. 31)180Water (Northern Ireland) Order 1999 (S.I. 1999/662 (N.I. 6))181Financial Services and Markets Act 2000 (c. 8)182Learning and Skills Act 2000 (c. 21)183Postal Services Act 2000 (c. 26)184Transport Act 2000 (c. 38)185Political Parties, Elections and Referendums Act 2000 (c. 41)186National Parks (Scotland) Act 2000 (asp 10)187Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)188Private Security Industry Act 2001 (c. 12)189Criminal Justice and Police Act 2001 (c. 16)190Anti-terrorism, Crime and Security Act 2001 (c. 24)191Housing (Scotland) Act 2001 (asp 10)192Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090)193Land Registration Act 2002 (c. 9)194Commonhold and Leasehold Reform Act 2002 (c. 15)195(1) Schedule 3 (constitution of commonhold association) to the Commonhold...196Proceeds of Crime Act 2002 (c. 29)197Police Reform Act 2002 (c. 30)198Education Act 2002 (c. 32)199Enterprise Act 2002 (c. 40)200Water Industry (Scotland) Act 2002 (asp 3)201Scottish Public Services Ombudsman Act 2002 (asp 11)202Industrial Development Act (Northern Ireland) 2002 (c. 1 (N.I.))203Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4))204(1) Article 2 (interpretation) is amended as follows. 205(1) Article 6 (disqualification for persistent default under companies legislation)...206In Article 8 (disqualification on summary conviction of offence), after...207(1) Article 11(2) (disqualification after investigation of company: meaning of...208In Article 13 (matters for determining unfitness of directors), omit...209In Articles 14(1), 23(1) and (3)(a)(i) and 24(1) (and the...210In Article 15 (undischarged bankrupts), after paragraph (2) add— 211In Article 22(2) (register of disqualification orders and undertakings), omit“,...212After Article 24C insert— Application of Order to building societies...213In Article 25(4) (application of Order to incorporated friendly societies),...214In Article 25A(3) (application of Order to registered societies), for...215(1) Schedule 1 (matters for determining unfitness of directors) is...216Electricity (Miscellaneous Provisions) Act 2003 (c. 9)217Railways and Transport Safety Act 2003 (c. 20)218Land Reform (Scotland) Act 2003 (asp 2)219Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003 (S.I. 2003/410 (N.I. 1))220Energy Act 2004 (c. 20)221Horserace Betting and Olympic Lottery Act 2004 (c. 25)222Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)223(1) Section 32 of that Act (memorandum and articles of...224(1) Section 33 of that Act (names) is amended as...225In section 35(3) of that Act (community interest test), for...226For section 36 of that Act (new companies) substitute— Formation...227(1) For section 37 of that Act (existing companies: requirements)...228(1) Section 39 of that Act (existing companies: English charities)...229(1) Section 40 of that Act (existing companies: Scottish charities)...230(1) Section 40A of that Act (existing companies: Northern Ireland...231(1) Section 45 of that Act (appointment of director by...232In section 46(12) of that Act (removal of director by...233In section 49(4)(b) of that Act (transfer of shares), for...234(1) Section 51 of that Act (dissolution and striking off...235(1) Section 52 of that Act (re-registration) is amended as...236In section 53 (ceasing to be a community interest company),...237(1) For section 54 of that Act (community interest company...238Omit section 58 of that Act (extension of provisions about...239In section 60 of that Act (offences), in subsection (1)...240In section 62 of that Act (regulations), in subsection (5)...241(1) Section 63 of that Act (interpretation) is amended as...242Civil Partnership Act 2004 (c. 33)243Pensions Act 2004 (c. 35)244London Local Authorities Act 2004 (c. i)245Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. (NI) 2004 No 307)246Railways Act 2005 (c. 14)247Gambling Act 2005 (c. 19)248Water Services etc. (Scotland) Act 2005 (asp 3)249Gaelic Language (Scotland) Act 2005 (asp 7)250Charities and Trustee Investment (Scotland) Act 2005 (asp 10)251Transport (Scotland) Act 2005 (asp 12)252Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))253Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10))254Colleges of Education (Northern Ireland) Order 2005 (S.I. 2005/1963 (N.I. 13))255Natural Environment and Rural Communities Act 2006 (c. 16)256Government of Wales Act 2006 (c. 32)257Fraud Act 2006 (c. 35)258National Health Service Act 2006 (c. 41)259National Health Service (Wales) Act 2006 (c. 42)260Companies Act 2006 (c. 46)261Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)262Interests of Members of the Scottish Parliament Act 2006 (asp 12)263Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))264Cross-Border Insolvency Regulations 2006 (S.I. 2006/1030)265Serious Crime Act 2007 (c. 27)266Building Societies (Funding) and Mutual Societies (Transfers) Act 2007 (c. 26)267Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)268Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7))269Cross-Border Insolvency Regulations (Northern Ireland) 2007 (S.R. (NI) 2007 No 115)270Companies (Disclosure of Address) Regulations 2009 (S.I. 2009/214)SCHEDULE 2OTHER CONSEQUENTIAL REPEALS AND REVOCATIONSSCHEDULE 3PROVISIONS RELATING TO OLD PUBLIC COMPANIES1Meaning of “old public company”2Application of Companies Acts to old public companies3Old public company re-registering as a public company4Old public company becoming private: special resolution5Old public company becoming private: statutory declaration6Failure by old public company to obtain new classification7Old public company holding, or having charge on, own shares8Old public companies: trading under misleading name9Old public companies: payment for share capital

2009 No. 1941

Companies

The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Made21st July 2009

Coming into force1st October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , sections 657, 1088, 1292, 1294, 1296(1) and 1300(2) of the Companies Act 2006 and section 75(4) and (5) of the Charities Act 2006 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation and is a relevant Minister for the purposes of section 75 of the Charities Act 2006 .

In accordance with paragraph 2 of Schedule 2 to the European Communities Act 1972, sections 657(4), 1088(6), 1290 and 1294(6) of the Companies Act 2006 and section 74(5) of the Charities Act 2006, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.